Legal Opinion
Mallary, Inc. v. City of New Rochelle
New York Supreme Court
Decided May 1, 1944PublishedCited by 4 opinions
1Opinion of the Court
George H. Taylor, Jr., Official Referee.
This is a reference to hear and determine the issues. The action is in equity. It *67is brought by plaintiff on its own behalf and other persons similarly situated, to restrain the defendant’s enforcement of the ordinance which is claimed to invade the rights of. the plaintiff and' such other persons, because invalid, unconstitutional and an improper exercise of the police power by reason of (1) vagueness, (2) lack of real relation to the safety, health, morals or general welfare of the community, (3) discrimination violating the equal protection afforded…
2Cases cited12 opinions
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
- People Ex Rel. Williams Engineering & Contracting Co. v. MetzNew York Court of Appeals · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Franklin Furniture Co. v. City of BridgeportSupreme Court of Connecticut · 1955
- Ver Hoven Woodward Chevrolet, Inc. v. DunkirkMichigan Supreme Court · 1958
- Montagna v. O'HAGANDistrict Court, E.D. New York · 1975
- Mallary, Inc. v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1944